Re: Employment application

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On 10/01/06, sharwinston wrote:
> I respectfully disagree.
>
> Vacating a conviction means that your conviction is reversed.
> In the eyes of the law, you will never have been convicted.
>
> While laws on this may vary from state to state, a person who
> has had his/her conviction vacated may tell employers, housing
> authorities, schools, and others that they were never convicted
> of a crime. Additionally, the state will not release any
> information about a vacated record to anyone other than those
> provided for by its laws (i.e. police).
>
> imho: Based entirely on the info in your post and what you say
> the court order says: You may answer "no."
>
> On 9/09/06, Terry wrote:
>>> The issue here for the employer is almost certainly not a 20
>> year old felony that was vacated but whether you are
>> truthful on their application form. So if the application
>> asks "Have you ever been convicted of a felony?" the only
>> truthful answer is "Yes." You certainly may also write
>> in "Conviction Vacated." Even if that conviction record was
>> expunged, there is still a paper trail of other related
>> records that weren't expunged that often are uncovered if
>> the employer does a thorough background check.
>
> On 9/08/06, Eric wrote:
>>> I have a question regarding an employment application. I
>>> am considering going to work for a trucking company, as an
>>> over the road long haul driver, based in SLC, Utah. I
>>> currently reside in Arizona.
>>>
>>> 20 years ago, I was convicted of a felony crime in WA
>>> state, which I have since had vacated by the same court
>>> that originally sentenced me. The superior court order to
>>> vacate the defendant's record of conviction states that I
>>> am released from all penalties and disabilities resulting
>>> from the offense. (This includes answering questions
>>> relating to criminal convicitions on employment
>>> applications.)
>>>
>>> I have talked with a few different recruiters from
>>> different trucking companies and they all say that even if
>>> an applicant has had a record of conviction expunged or
>>> vacated, that he or she is still required to state any
>>> felony conviction on the application. Is this true?
>>>
>>> The prospective employer in Utah is asking if I have ever
>>> been convicted of a felony. Should I answer yes, or no?
>>>
>>> Any counsel/opinion on this subject would be greatly
>>> appreciated! Thanks.
>>>

I agree with Shar. On that same note, when you apply to certain
law enforcement positions, they are able to legally ask if you
have ever been "arrested" - a question that is usually illegal
in the private sector.